De facto and same-sex relationships

What is a de facto relationship?

In Western Australia, a de facto relationship is a relationship where two people who are not married to each other live together in a marriage-like relationship. De facto relationships have been recognised by Western Australian family law since 2002.

The sorts of things that are looked at to work out whether you are or have been in a de facto relationship include:

the length of the relationship

whether you have lived together and for how long

whether there is a sexual relationship

the extent that each of you are/were financially dependent on the other person

how you have chosen to own property and whether you own it together

how committed each of you are to shared life

whether you care for or support children

the public aspects of your relationship

In Western Australia, can same-sex relationships be considered de facto relationships?

Yes, under Western Australian law, de facto relationships include same-sex relationships.

If I have separated from my de facto partner (including same-sex partner), can the Family Court of Western Australia make decisions about our property issues?

Yes, since 1 December 2002, the Family Court of Western Australia can (in certain circumstances) make decisions about property and partner maintenance for de facto couples, including same-sex couples.

Where your relationship ended before 1 December 2002, the Family Court of WA cannot make a decision about your property settlement. Please seek legal advice if you think this applies to you, as the law in this area is complicated.